Neighbor Aggrieved by Ongoing Rock Removal in Downtown Greenwich

At the last Board of Selectman meeting a resident shared frustration about ongoing rock removal on her downtown street.

Susan Mutti of Locust Street said blasting and jackhammering began back in June, starting as early as 7:15am, preventing her from enjoying being outdoors on her property all summer and even impacting her ability to take calls during her remote work.

“I understand that there is a fair amount of restoration and renovation that goes on. Houses get knocked down, and new, beautiful houses are built,” she said.

“I’m down the street now from a site plan that has been going on with rock breaking for three months. It’s a combination of jack-hammering and full-on blasting,” Mutti said.

“It’s Monday through Saturday,” she added.

Rock removal at 57 and 59 Locust Street. Aug 30, 2024 Photo: Leslie Yager

Rock removal at 57 and 59 Locust Street. Aug 30, 2024 Photo: Leslie Yager

Rock removal at 57 and 59 Locust Street. Aug 30, 2024 Photo: Leslie Yager

 

“I don’t think it’s fair for residents to have to bear the burden of three months of rock work. And they’re not done. It’s like living down the street from a full-on quarry,” she said, going on to recall the day compressed tires arrived on site and a whistle blowing and her house shaking during blasting and jackhammering. She also said she hadn’t received notification.

Mutti said she’d visited the building dept at town hall and had been told the site plan had been approved by staff at Planning & Zoning.

Generally when like is replaced with like, the applicant is not required to go before the volunteer P&Z commission, but rather seek approval from administrative staff in town hall.

For example, if a two-family house is replaced with a two-family house, or a single family replaced with a new single family house, unless some nonconformity is sought, applicants bypass the P&Z commission.

In May 2018, the P&Z commission did approve lot line revision by transferring 289 sq ft from 57 Locust to 59 Locust in the R6 zone. Then in 2019, the applicant sought extended time related to the the administrative site plans for both lots and the P&Z commission approved 5-year extensions.

Though the site plan was approved by staff, Ms Mutti said she believed it was inappropriate to approve a site plan with such a broad scope of rock removal in a residential neighborhood.

And she complained that the rock breaking was beginning around 7:15am.

First Selectman Camillo suggested Ms Mutti share her thoughts with the P&Z commission at one of their meetings.

“They meet by Zoom. You can go there and let them know your thoughts,” he said.

Greenwich’s noise ordinance, which recently moved from the Board of Health to the purview of the Selectmen does allow for construction, including rock removal starting at 7:00am on weekdays.

In Chapter 6B on Noise defines Construction as “any and all physical activity at a site necessary or incidental to the erection, placement, demolition, assembling, altering, blasting, cleaning, repairing, installing or equipping of buildings or other structures, public or private highways, roads, premises, parks, utility lines or other property, and shall include but not be limited to land clearing, grading, excavating, filling and paving.” (*boldface added.)

Then, Sec. 6B-6. covers Prohibited noise activities:

In addition to the foregoing, the following acts and the causing thereof are declared to be in violation of this chapter:

(a) Construction.

(1) No person shall operate or permit the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays and before 9:00 a.m. and after 5:00 p.m. on Saturdays or at any time on Sundays or holidays such that the sound therefrom exceeds the limits set forth in Section 6B-5.

Section 6B-5 No person shall cause or allow the emission of impulse noise in excess of one hundred (100) dB peak sound pressure at any time to any business or residential zone.

For Ms Mutti, there may be no relief, but she would like the town to revisit what is allowed.

Certainly, with pressures to redevelop residential properties in downtown Greenwich unrelenting, and the presence of rock prevalent, more of these situations may arise.

Where the P&Z commission does consider site plans, they do urge applicants to respect natural topography including ledge rock. They frequently note that preservation of natural topography is emphasized by the town’s Plan of Conservation and Development.

“The overriding goal of the plan is to protect and harness our Town’s historic heritage,
natural landscape, and topographical diversity while addressing the challenges brought on by growth, climate change, and technological advances.” – 2019 POCD

That said, when an application is submitted under the state 8-30g affordable housing statute, local zoning considerations are waived except for instances of public health and safety. Take for example the proposal to redevelop properties including the former Honda dealership, which includes removal of rock to build a six story building over a ground floor of retail.

The POCD also talks about balancing sometimes competing interests.

“Our vision seeks to increase property values, affordable housing options, and shared commercial and recreational spaces that are inviting, safe, connected, accessible.”

View of ledge rock along Bruce Park Ave to the east of existing Honda dealership. Photo: Leslie Yager